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South Africa Case Law

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Civil Procedure [2010] ZAGPPHC 105

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008)

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008) [2010] ZAGPPHC 105 (9 September 2010)

Minority judgment urging stronger safeguards for consent judgments under section 58, including mandatory referrals where NCA compliance, debt computation, or affordability is doubtful.

  • Magistrates Courts Act Section 58
  • National Credit Act Compliance
  • Consumer Protection
  • Plain Language Requirement
  • Affordability Calculation
  • Reckless Credit
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Civil Procedure [2010] ZAGPPHC 60

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008)

African Bank Limited v Additional Magistrate Myambo NO and Others (34793/2008) [2010] ZAGPPHC 60; 2010 (6) SA 298 (GNP) (9 July 2010)

The High Court held that section 58 consent judgments remain available under the National Credit Act, but must comply with NCA notice and disclosure requirements.

  • Magistrates Courts Act Section 58
  • National Credit Act Interpretation
  • Judgment By Consent
  • Declaratory Relief
  • Reckless Credit
  • Over Indebtedness
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.